Smoking History, Employer May Be Considered in Deliberation of Asbestos Claims

FRANKFURT, Ky. - A jury in Kentucky correctly considered two asbestos plaintiffs' lifestyles and the conduct of an employer not named in one of the plaintiffs' lawsuits when it determined who was to blame for their alleged asbestosis, the state's Supreme Court has ruled. Owens Corning Fiberglas Corp. v. Parrish, et al., No. 1998-SC-0820-DG (Ky. Sup. Ct.).

The high court said in an Oct. 25 opinion that reversed an earlier decision by the Kentucky Court of Appeals that the jury, which awarded each plaintiff $55,000, was correctly instructed to consider the two plaintiffs' smoking histories in its apportionment of comparative …